Bombay High Court
Shiva Trust Pratibhatai Pawar ... vs The State Of Maharashtra And ... on 23 June, 2017
Bench: Anoop V. Mohta
Writ Petition No.6531/2015
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO. 6531 OF 2015 WITH
CIVIL APPLICATION NO.8876 OF 2016 WITH
CIVIL APPLICATION NO.7777 OF 2017
Shiva Trust's
Pratibhatai Pawar College of Pharmacy
At Wadala Mahadeo, Shrirampur,
Tq. Shrirampur, District Ahmednagar,
Through its Principal,
Smt. Vaishali Govardhan Kulkarni,
Age 45 years, Occu. Service,
R/o 103/C, Amol Regency,
Nagar Manmad Road, Savedi,
Ahmednagar, District Ahmednagar. ... PETITIONER
VERSUS
1. The State of Maharashtra
Through the Secretary,
Higher Technical Education and
Employment Department, Government of
Maharashtra, Mantralaya, Mumbai - 400 032
2. The Director of Technical Education,
Government of Maharashtra,
3, Mahapalika Marg, Mumbai-400 001.
3. The Maharashtra State Board of Technical Education
Government Polytechnic Building, Kherwadi
Bandra East Mumbai,
Through its Director.
(Copy of respondent No.1 to 3 to be
served on Govt. Pleader, High Court of
Bombay, Bench at Aurangabad)
4. All India Council for Technical Education,
7th Floor, Chandralok Building,
Janpath, New Delhi-110 001,
Through its Member Secretary,
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Writ Petition No.6531/2015
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5. The Pharmacy Council of India,
Through its Registrar Cum Secretary,
Combined Council Building, Kotala Road,
Ali Yavarjang Marg,
New Delhi-110002. ... RESPONDENTS
.....
Shri.V.D.Hon Senior Counsel instructed by
Shri.A.V.Hon, Advocate for petitioner
Shri.A.V.Deshmukh, A.G.P. for respondent Nos.1 to 3
Shri S.V. Adwant, Advocate for respondent No.4
Shri.Bhushan Kulkarni, Advocate for respondent No.5
.....
CORAM: ANOOP V. MOHTA AND
SUNIL K. KOTWAL, JJ.
DATED: 23rd June, 2017.
ORAL JUDGMENT (Per Anoop V. Mohta, J.):
1. The petitioner's education trust/ institution has filed
the present writ petition again as the respondents, specifically
respondents No.2 and 5, denying the prayed intake capacity, in
spite of orders passed by this Court from time to time since
2014-2015 till this date permitting the petitioner's college by
retaining intake capacity to the First Year Diploma in Pharmacy
based upon the AICTE order/ approval for the respective years,
including the academic year 2017-2018. We have noted all those
orders passed by this Court, dated 4/7/2014, 29/1/2015,
30/6/2015, 3/7/2015, 14/7/2015 and 27/6/2016. Therefore,
there is no reason to discontinue the said position on facts,
specifically when the AICTE being a supreme authority, has
Writ Petition No.6531/2015
accorded sanction so required including the intake capacity till
this date.
2. This Bench, in Writ Petition No.6259/2017 (Shri Vile
Parle Kelvani Mandal Vs. State of Maharashtra & others) and Writ
Petition No.7706/2017 (Jijamata Shikshan Prasarak Mandal's
Kamlatai College of Architecture Vs. State of Maharashtra & ors.),
considering the scheme, purpose and object of AICTE and its
supremacy including the order passed by the Hon'ble Supreme
Court pending the issue of supremacy about AICTE and/or
Pharmacy Council and subject to the Supreme Court decision,
directed the respondents to grant affiliation/ permission to start
college for academic year 2017-2018, as approved and
sanctioned by AICTE. Therefore, for the same reason, and in
view of above factual position on record, the writ petition is
allowed to the following extent :
ORD ER
(a) The Writ Petition is allowed. in terms of prayer clause
(B), which reads as under :
(B) Issue a writ of certiorari or writ in the nature of
certiorari to quash and set aside the communication
dated 23/6/2015 (annexed at Exhibit H) issued by the
Writ Petition No.6531/2015
Director of Technical Education, Maharashtra State,
Mumbai reducing the intake in the Pharmacy (Diploma)
Course of the petitioner college from 120 seats to 60
seats from the academic year 2015-16 and also the
communication dated 2/6/2016 for the academic year
2016-17 and impugned communication dated 5/6/2017
for the academic year 2017-18.
(b) Respondent Nos.3 and 5 are directed to grant affiliation/
permission to petitioner to start college for the academic
years 2014,2015, 2015-2016, 2016-2017 and 2017-
2018, as approval/ sanctioned by the AICTE by order
dated 30/4/2017 forthwith.
(c) Petitioner needs to complete all formalities including
payment of fees, if any, to the respondents.
(d) The petitioner to comply with all the formalities and
remove all defects, if any.
(e) Respondent No.5 to have complete inspection, if
necessary, within two weeks and deficiencies, if any,
need to be removed at the earliest by the petitioner
institution.
Writ Petition No.6531/2015
3. This order is subject to final order of the Supreme
Court as the issue about the supremacy of AICTE over Pharmacy
Council and/or Council for Architecture is still pending. Rule is
made absolute in above terms.
4. Respondents also to intimate to the students about
the pendency of the issue in the Court.
5. In view of disposal of the Writ Petition, Civil
Applications No.8876/2016 and 7777/2017 stands disposed of.
6. The parties to act on the authenticated copy of this
order.
(SUNIL K. KOTWAL) (ANOOP V. MOHTA)
JUDGE JUDGE
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